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Ask Mark! - Page 1430


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  #14291 (permalink)  
Old 04-01-2018, 09:07 AM
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Hi Can_to_aus -

You're welcome! I only wish I was not away from the forum recently as the questions piled up, but I'm addressing each one and will be up very late tonight doing so!

Best,

Mark Northam

Quote:
Originally Posted by can_to_aus View Post
Hi Mark - thanks for taking the time to reply to everyone's questions, including mine.

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  #14292 (permalink)  
Old 04-01-2018, 09:09 AM
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Hi Kamal -

Wish there was something I could do, but all you can really do in these types of situations is to keep in touch with DHA and make sure they do not need any further information or documents. They are very unpredictable these days re processing times.

Best,

Mark Northam


Quote:
Originally Posted by Preetchatha21 View Post
Hi mark ,
I am new in this forum,
I was wondering if you can help me with my questions. It will be a great help.
I applied my husband 485 subsequent entrant visa on August 14
Received acknowledgment on 16th aug.
Case officer asked police clearance letter and form 80 on 22sep
That documents was sent on 10th oct.
Afterwards on 8th November they asked relationship related documents which was sent on 9th November.
But afterwards we haven't heard anything.
my agent sent few follow up emails in December but they didn't replied then i tried to follow up by myself in january through global feedback team and i received one email on 22nd january that they are still reviewing papers.

I am very disappointed and upset with indefinite delay in application.
Can you please suggest me anything on this matter.
I will appreciate your help.
Kind regards
Kamal

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Northam Lawyers http://nlaw.com.au [email protected]
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  #14293 (permalink)  
Old 04-01-2018, 09:11 AM
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Hi Pendy -

Until the partner visa is refused, she can apply for another visa onshore in Australia. Student visa might get questioned a bit since she needs to show she is primarily here to study vs seeking to remain here permanently. If the partner visa is refused, she can then appeal that if that's something she wants to do, or could go offshore and apply for a visa to come back.

Happy to discuss further options that may exist and details at a consultation please see my website below for more information or to book online.

Hope this helps -

Best,

Mark Northam


Quote:
Originally Posted by tazman888 View Post
Hi Mark,

I have found this thread on google and pretty astounding with what you have done with the communities.
I believe there are a lot of people that having visa issue and have no one to turn to.

I have a friend that having issue with her Australian visa. She got married in USA like a year ago with an Australian citizen. She is a korean citizen in USA. She had to forego her Visa application in US to come to Australia with her Husband. Things not working out after 8 months. Australia Immigration has been notified. She is expecting the Section 48 anytime soon.

Now, she can't really go back to USA anymore and she would rather to stay in Australia if possible. She intended to take a further study here but she is not sure if the section 48 will make her student visa application unobtainable. She understand that with section 48, she can't apply the student visa on shore.
Do you have any suggestion for her situation? or she should just abandon her plan to take a further study as people with section 48 have a very low chance being granted a student visa?

Your assistance is much appreciated. I'm really feeling sorry for her and she is in a very dark place at the moment.

Kind Regards,
Pendy

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  #14294 (permalink)  
Old 04-01-2018, 09:17 AM
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Hi Purnamani1 -

Thanks for the note. It's very important to note the difference between the skills assessment date (must be prior to the date of invitation from DHA or the invitation cannot be accepted) and the date that a skills assessor may separately issue an opinion on skilled employment (can be any date as long as prior to DHA making a decision). It is not uncommon to have a skills assessor do a separate employment assessment if, for example, it is not included in the original skills assessment and DHA questions whether the employment is relevant to the nominated occupation, etc.

Hope this helps -

Best,

Mark Northam


Quote:
Originally Posted by purnamani1 View Post
Hi Mark,

Thanks for the update, Does the Date of Effect in EOI always have to be greater than the skilled assessment date. Some say DBIP will reject cases where skilled assessment is dated later. It's mere speculation and solid evidence. I am planning to update my points for experience from my new organization and apply skilled assessment in parallel. By doing so I can get an invite positively by 28th Feb 2018. My skilled assessment will also come I March 2018 and I can submit my Visa application with new skilled assessment as well. Still will I have the chances of being rejected. Or is it better to update EOI only after new ACS results are out.

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  #14295 (permalink)  
Old 04-01-2018, 09:19 AM
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Hi Erin and Matt -

Yes - being onshore on an ETA (unless that ETA as a no further stay condition which is extremely rare for that visa) allows onshore application for a subclass 820/801 partner visa and grant of a bridging visa A to remain in Australia until a decision is made on that partner visa (under that scenario you also get full work rights once the BVA activates and medicare coverage).

Hope this helps -

Best,

Mark Northam


Quote:
Originally Posted by ErinandMatt View Post
First thing...thank you for providing the opportunity to ask questions...truly appreciated.

I'm American, my partner is an Australian citizen and we will be applying for the De Facto Partnership Visa. We are hoping to apply onshore and be granted a Bridging Visa. My conundrum is that I will be on an ETA visa before applying for the Partnership/Bridging Visa. Is being on an ETA visa acceptable to be approved for the Bridging Visa? I can't seem to find any information regarding this and it's pretty important ha.

Thanks again Mark!

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Northam Lawyers http://nlaw.com.au [email protected]
Co-Host, Coming 2 Oz live video show: https://www.facebook.com/groups/coming2oz/

  #14296 (permalink)  
Old 04-01-2018, 09:21 AM
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Hi Nick -

Thanks for the note. Answer to question1: Yes. They did not see enough of the ANZSCO tasks and duties for the occupation represented in whatever documents and information they had about the work experience. Re question 2, there is no requirement I know of that says the same assessor has to assess the skills and experience.

Hope this helps -

Best,

Mark Northam


Quote:
Originally Posted by zzzzz23 View Post
Hi Mark!

My name is Nick.

Thanks for your answer for all the people here

It would be really appreciated if you read my circumstance and give me some advice.

I got a question about my negative result for skilled employment assessment from CA

Firstly, I've already received qualification assessment from CA and I applied for skilled employment assessment to be qualified with 1 year experience and unfortunately, I got a negative result from them. Simply, the letter says "The following claims of skilled employment have been assessed and cannot be found to equate to
work at an appropriately skilled level as an Accountant (General) 221111."

My first question is "Does this mean that duties and responsibilities are not compatible with tasks shown in ANZSCO? "

Duties and responsibilities that I put on my reference are

-preparing asset, liability and capital account entries by analyzing account information
-Recording and documenting financial transactions into system for various business entities
-Researching technical topics including business structuring and taxation matters
-Producing annual financial statements, BAS and tax return and other taxation materials for individuals and companies
-Reconciling financial discrepancies by collecting and analyzing account information.
-Supporting payments by verifying documentation and requesting disimbursements
-Summarizing current financial status by collecting and checking information such as balance sheet, profit and loss statement and other financial reports.
-Liaising with the ATO about remittance of General interest charges and penalties, application for payment arrangements and lodging deferral and audit correspondence.
-Assessing and informing about financial moves, entity structures to meet any taxation obligations.

My second question is

the institution which approves my skill assessment should be the same with the institution which approves my skilled employment assessment?


Thank you for reading my question

Best regards,

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  #14297 (permalink)  
Old 04-01-2018, 09:24 AM
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Hi Shayan -

Thanks for the note. Based on the fact pattern you proposed, if your student visa is refused and you appeal to the AAT, if you apply for the 189/190 etc after the student visa is refused but before the AAT Tribunal makes a final decision, you'll have to apply offshore due to section 48 of the Migration Act.

Hope this helps -

Best,

Mark Northam


Quote:
Originally Posted by persianmj View Post
Hi Mark!

Many thanks for your comments and deliberation.

I am on a 476 Visa.

My visa expiry date is 30-06-2018.

EOI 189 : 60 points since July 2017
EOI 190 : 65 points since July 2017

Occupation: 233916

My points for 189 will increase to 70 points by the end of Feb 2018.

Although I will be in the queue with 70 points (189) for 4 months (March to June), I don't think I will get invited.

I am looking for alternatives to extend my visa so I can be onshore which I get invited in the new financial year after July 2018.

I want to apply for a student visa and if my application is approved I am set.

But if it gets refused, I will appeal the refusal and stay on a bridging visa.

Now the question is; while staying in Australia on a bridging visa because of student visa refusal appeal process, can I apply for permanent residency when I get the 189/190 invitation? OR I have to go offshore and apply.

Many thanks indeed for your time.

Shayan

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  #14298 (permalink)  
Old 04-01-2018, 09:26 AM
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Hi Marco89 -

As the relationship has ceased, you have an obligation to advise DHA (immigration dept) of that and they will eventually refuse her visa as a result (yours is still OK). You can also request that she no longer be included in the visa application due to the relationship ending. You do not need to withdraw the entire visa application - only remove her as a secondary applicant.

Hope this helps -

Best,

Mark Northam

Quote:
Originally Posted by Marco89 View Post
Hi Mark,

I'm Marco from Germany, I come here in Australia over 3 years ago with 457 with my partner ( defacto)
Few days ago Iodge 186 transition stream, and I inclusion my partner as well like for the sponsor .

What happen now, in case I know my partner was not good to me, I'm still in time to remove her from my 186, or I have to cancel the application for both of us and lodge again with only my name?.

We are 5 years toghehter, but in last 6 months she changed and is not anymore the same person, she did lot of bad things to me, and now after we lodge the visa, We still living toghether but we broke up our relationship, I have enough and look like she in last 6 months want just use me for get her permanent residence.

I know only now she cheated me one week ago, that's why we broke up, I worked very hard in my last few year, study very hard for pass e glish test ( was very hard to me) and after all I Feeling very bad now she just want use me for get her visa.

What can I do now?

Still in time to remove her ? Or the only way in cancel our application for both of us?

Thanks.

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LLB, GradDipLaw, GradCertMigrLaw, BBA(Acctg) MARN 1175508
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  #14299 (permalink)  
Old 04-01-2018, 09:28 AM
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Hi Alex -

Thanks for the note - it not possible for me to do individual assessments here on the forum as there are simply too many details that are required in order to determine eligibility for a visa, especially a skilled visa.

Applications for Australian visas often have to deal with three different sets of rules and regulations: skills assessment authority regulations, state and territory sponsorship regulations, and visa regulations from DHA. As a result, determining which visa(s) an applicant is eligible for and what the best visa is for an applicant is a complex question and not able to be answered in a quick back & forth emails or forum posts.

We offer a professional consultation designed to provide the time necessary to work through your situation, answer your questions, and gather enough information about your situation to determine exactly which visa(s) you may qualify for and the steps you would need to do to apply.

If you'd like to book a consultation, we offer this service by phone, Skype and at our office in Sydney. For more information or to book, visit our website listed in my signature below.

Thanks again for the enquiry -

Best,

Mark Northam



Quote:
Originally Posted by alexleeds View Post
Hi Mark,

I am a secondary school teacher in the UK, just finishing my NQT year as part of the Teach First leadership development programme whilst my fiance is a cancer research scientist who is just finishing her thesis of her PhD before starting a short term post doc position.

I have a PGCE from university from my teaching qualification as well as an undergraduate degree. My fiance has an undergraduate, masters as well as the soon to be awarded PhD.

We are hopeful of relocating to Australia after numerous holidays and experience of the country.

I have used the working holiday visa having lived in Australia for the year in my early 20's - my fiance has not. My brother is currently living in Sydney with his wife having moved there on a working holiday visa and quickly being sponsored by their employers.

I would like advice on whether my fiance and I would pass the points skills required and whether it is just my own employment which would count here or both of ours and any experience you would have on any different visa routes based on our situations.

Thank you in advance,

Alex

__________________
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LLB, GradDipLaw, GradCertMigrLaw, BBA(Acctg) MARN 1175508
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  #14300 (permalink)  
Old 04-01-2018, 09:32 AM
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Hi Cassie -

Re path to PR, you might look into a skilled visa or employer sponsored visa - especially the subclass 186/187 employer sponsored PR visas depending on your occupation and educational track/work experience. Unfortunately DHA is severely limiting pathways to PR for all but a select list of occupations, so you may need to look carefully at the eligible occupations or focus on the income requirements for your partner re sc189 NZ Pathway.

Hope this helps -

Best,

Mark Northam


Quote:
Originally Posted by CassieLita View Post
Hello Mark,

Thank you so much for taking time to answer everyone's issue. Truly appreciated.

I have been in Australia for 3 years now, currently on a New Zealander citizen family relationship visa (461) , I have 3 years left on this one and am planning on renewing it.
I am starting soon a certificate 3 & 4 in fitness in the hope of lunching my own business afterwards.
My girlfriend is not an eligible New zealander for us to obtain a partner visa, as well as not eligible for the new pathway for permanent residency. She has been in Australia for more than 5 years and is planning on starting a tattoing career. Which might lead her to taxable income required for that pathway but obviously this isn't concrete.

I am a french citizen but willing to permanently settlle down in Australia. It seems like I have no backup after my 461 visas expires.

Do you know what my options could be ?

Thank you so much Mark for your work, It's amazing.
Cassie

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